Ohio votes to legalize Marijuana

In a significant move towards marijuana legalization, Ohio recently passed Issue Two, marking a turning point in the state's stance on cannabis.

Issue Two, officially known as the "Ohio Marijuana Legalization Initiative," was approved by Ohio voters on November 7, 2023. Starting next month, Ohioans 21 years old and older will be allowed to possess up to 2.5 ounces of cannabis and up to 15 grams of cannabis extract. They can keep up to six cannabis plants or up to 12 if there are two adults at least 21 years old in their household.

The passage of Issue Two can be attributed to several factors. Firstly, the growing recognition of marijuana's medicinal benefits played a vital role in garnering public support. Numerous studies have shown the potential of cannabis in alleviating chronic pain, reducing seizures, and easing symptoms of various medical conditions. This recognition has led many to advocate for legal access to marijuana for medicinal purposes.

Secondly, the economic potential of marijuana legalization cannot be understated. Ohio's legalization of cannabis is expected to create a burgeoning industry, generating revenue through taxes, job creation, and tourism. The state stands to benefit from increased tax revenue, as seen in other states that have legalized marijuana, such as Colorado and California.

Furthermore, the social justice aspect cannot be ignored. The war on drugs has disproportionately affected minority communities, leading to mass incarcerations and perpetuating systemic inequalities. The passage of Issue Two will help address these disparities, redirecting law enforcement resources towards more pressing issues and potentially expunging criminal records related to cannabis offenses.

Marijuana legalization has the potential to provide a much-needed boost to Ohio's economy. The regulated cannabis market will create jobs within the cultivation, processing, and retail sectors. Additionally, tax revenue generated from the sale of marijuana and related products can be allocated towards education, healthcare, and other public services.

The emergence of a legal cannabis industry also attracts tourists, boosting the state's tourism sector. Colorado, for instance, has experienced a significant increase in tourism since legalizing marijuana, with visitors flocking to explore cannabis-themed tours, dispensaries, and related events.

While marijuana has demonstrated potential health benefits, responsible consumption is crucial. The passage of Issue Two will require the implementation of strict regulations and quality control measures.

OHIO’S PERMITLESS CARRY LAW

Effective June 13, 2022

A new gun law is on the books which allows a “qualifying adult” to legally carry, possess, or conceal a handgun without a license, background check, or training requirements.   This law does not apply to shotguns and rifles. 

A qualifying adult means a person 21 and over without certain convictions or circumstances.   If a person has a conviction for a felony, domestic violence, drug charges (M4 or higher), falsification of a concealed handgun license, or negligent assault, they are NOT a qualifying adult.   

If a person has been convicted of a misdemeanor offense of violence within 3 years, they are NOT a qualifying adult.

If a person has been convicted of two more charges of either assault, negligent assault, attempted assault, or attempted negligent assault within 5 years, they are not a qualifying adult.    

If a person has been convicted of resisting arrest within 10 years, they are not a qualifying adult. 

If a person has pending or active protection orders, is a fugitive, has been adjudicated as mentally defective/incompetent, committed to a mental institution, found by a court to be mentally ill, or involuntarily committed as a patient for purposes other than observation—they are not a qualifying adult. 

If a person’s CCW was suspended, been dishonorably discharged from the US Armed Forces, or has renounced US citizenship—they not a qualifying adult. 

Even if a person is considered a “qualifying adult”, there are also establishment exceptions.   Business can post signs prohibiting firearms in their buildings.  You cannot carry in police stations, jails, prisons, airport terminals, liquor selling establishments, courthouses, churches, childcare centers, government buildings, or Federal law buildings.   Permitless carriers may NOT carry a handgun in their vehicle when they drive into a school safety zone.

If asked, you must tell a police officer that you are carrying a concealed weapon.

Remember, each state has its own laws regarding firearms. A person entering any state is subject to that state’s specific gun laws.  Some states will require an Ohio permit, you may still get your CCW if you plan to carry in another state. 

**Contact me about sealing your record.  In some cases, there may be relief from firearm disability. **

Intervention in Lieu of Conviction: ILC

You may have heard of ILC before, but what exactly is it?  ILC is a benefit from the Court that may allow you to completely avoid an adjudication of guilt and therefore avoid a criminal conviction.

Not every crime nor every defendant can receive ILC.  The crime at issue cannot be a Felony of the First, Second, or Third degree nor can it be a crime of violence. 

In addition, drugs, alcohol, or mental illness had to somehow have contributed to the commission of the offense.

If the Court finds you eligible for ILC you will then enter a plea of guilty and waive your speedy trial rights.  This guilty plea will not be filed but held pending your completion of the ILC program. 

The Court will establish an intervention plan and for at least a year you will have to abstain from the usage of drugs and alcohol while participating in treatment & recovery services.  You will be placed under the control of a county probation officer and must submit to random drug testing and any other treatment term imposed. 

If successful in this program you will not have a criminal conviction and will be taken off of supervision.  However, if you do not comply with your ILC terms the Court will file the guilty plea and impose sanctions.

Often, drugs or alcohol can influence individuals to make poor decisions.  If that is the case ILC was designed to offer treatment and services as an alternative to incarceration.  There are other nuances that could potentially affect your ILC eligibility therefore it’s important to discuss the details of your case with an attorney.   

Do I need a Prenuptial Agreement?

A prenuptial agreement (commonly referred to as a “prenup”) is a wise idea on many levels. Having a prenup prepared in contemplation of your marriage could save you thousands of dollars down the road.  In this day and age many individuals are waiting until later in life to get married and consequently a prenup is no longer reserved for the incredibly wealthy. 

Here are some of the more common reasons individuals consider a prenup:  Asset ownership, potential debt accumulation, children from a previous relationship, individuals who have a loved one anticipating elderly care, or even individuals who are pursuing a potentially lucrative degree.

If done correctly a prenuptial agreement will ensure that your wishes are carried out in the event your marriage ends in divorce, dissolution or even death.   However, it is very important to start contemplating it’s terms and reducing them to writing months in advance of the wedding.  This will give you time to ensure your list of assets is comprehensive and will strengthen the validity of the agreement.  An agreement “signed on the church steps” lends itself to the idea that pressure or coercion was used and could potentially render the agreement unenforceable.

Finally, it’s important for both parties to retain separate counsel in order to advise each party while negotiating.  Failure of a client to have representation at the time of the signing could result in the agreement being deemed invalid.  The process is considered too emotional and the terms cannot be changed after the marriage—only destroyed through mutual agreement. Due to this level of permanency it is absolutely necessary that it be signed knowingly& freely by each party.

Call to set up a Consultation and together we can determine whether or not you are a good candidate for a prenuptial agreement.   937 226 1212